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Discordant Photography?

The photo course that I am doing is turning out to be exactly what I needed. Last week we were working on concept, the theme behind series of photos, and it turned out (unsurprisingly) that I find it hard not to be too literal. This week we were given the task of shooting to a piece of music: Ã¢â‚¬Å“Choose a piece of music that describes or inspires you, and then use that as the theme for a series of snapshotsÃ¢â‚¬Â. On Saturday we will present the photos first without, and then with the accompanying soundtrack.

I set aside today to do the photos, but first I had to choose some music. This was really hard. I think so literally minded (which I hope in changing) that on glancing though my collection of music I would see Ã¢â‚¬Å“Homeward BoundÃ¢â‚¬Â and think that it was perfect. I could photograph the route home from the tube station. These thoughts would last about three seconds before I was bashing myself over the head metaphorically (mostly), about being too literal.

I thought about Ã¢â‚¬Å“Le Tango De RoxanneÃ¢â‚¬Â from Moulin Rouge. I love the song, and I canÃ¢â‚¬â„¢t hear it without feeling inspiration. Listening to it over and over I started to feel the grandeur, passion, and even a delicate softness. But no matter what I ideas I came up with for how to portray these in photos, I found myself being drawn back to the scene from the film where it is played. Maybe I just canÃ¢â‚¬â„¢t pull myself away from it, but I think I just agree with it so much. I like to think given a free reign I would have shot that scene identically. So in the interests of not just copying Baz Lurhmann I tried to go for something different.

Like I said before, I found this hard. I sat here, at my computer going though my collection rejecting song after song. I pissed off several online contacts trying to get their advice. I started to feel frustrated, and torn in several different directions because I needed to get this done, and had a long list of other things that also needed to get done. I felt like I was being overwhelmed with conflicting requirements, and needs. Then the random play list on my computer started to play Ã¢â‚¬Å“Because You Can Can CanÃ¢â‚¬Â, also from Moulin Rouge, and one of the few songs I really donÃ¢â‚¬â„¢t like from the soundtrack. Its too noisy, too many things going on at once, too much of an auditory overload. In short, exactly how I was feeling. So it seemed an obvious song to pick.

Having done that, the ideas for how to portray it came easily. I wanted to show lots of people, rushing round all with conflicting aims, and directions. Where better than a crowded public hub, like Kings Cross station in rush hour?

The decision made, I allowed myself some down time before leaving in time to reach Kings Cross at the height of rush hour. I spent a merry three quarters of an hour wondering round the underground station, the main station foyer and so on photographing the crowds. Which actually, when you look at it with an eye that wants crowds, are not that dense. Before too long the camera started to die, with a flat battery. So I moved to a corner ready to change the battery.

That is when the police arrived.

I was approached by two community support officers, who wanted to know if I had a photography permit. I did not. They very politely explained to me that it was illegal to photograph in Kings Cross, and that I would have to stop at once, and delete all my photos. They would have to take down my name, description, and carry out a name check with the police central computers. Now I know they are not allowed to demand that I delete any photos, questions on the law are a common feature in the photographic magazines, but I wasnÃ¢â‚¬â„¢t about to argue with a police officer in a crowded train station. I wasnÃ¢â‚¬â„¢t sure about the rights to photograph in Kings Cross. On public property you are allowed to photograph anything, on private property I am sure you are allowed to photography anything, but that might be US law?

They took my name, and wrote out my description, giving me a nice pink receipt, and didnÃ¢â‚¬â„¢t do a name check because their radio was jammed or something. The receipt they gave me does not contain their badge numbers, in theory I have no way of identifying the incident to the police if the paperwork goes missing, as it did once before when a friend was involved in a road traffic accident, so I made a note of their numbers myself.

Most oddly though, they didnÃ¢â‚¬â„¢t actually ask to delete all my photos, despite earlier saying they would. So I still have the full set of photos.

After they left I went home, and with the help of my friend Alex, and his friend, and his friendÃ¢â‚¬â„¢s friend, and maybe even his friendÃ¢â‚¬â„¢s friendÃ¢â‚¬â„¢s friend (I got a bit confused) did some research:

The TFL Conditions of Carriage specifically ban flash and tripod photography. This is their only mention of photography, so they do allow it.

The TFL FAQ says that photography is banned without a Ã‚Â£300/hour permit. They admitted that this was nonsense and contradictory to their Conditions of Carriage when asked on the phone.

TFL then rang back, and informed us that photography on the underground is totally illegal, though they were unable to say under which law, and admit that no-one at TFL knows.

The British Transport Police when asked (again by phone) said they do not know if it is legal or not.

ThatÃ¢â‚¬â„¢s about it so far. I am going to contact the police tomorrow and see if they can tell me under what law I was stopped. I am also going to research photographer resources, and see if someone has summarised the law on deletion of photos, where I can take photos and so on. I will let you know what I find outÃ¢â‚¬Â¦

10 Comments

I have now done some more research. There are two possible laws that I can find that would make it illigal to photograph in Kings Cross.

The Offical Secrets Act of 1911 makes it an offence to photograph a “Prohibited place”, This includes a train station if the secretary of state has declared it a “Prohibited place for the time being”. It is possible this has happened, but I don’t think its likely

The Terrorism Act of 2000 makes it an offence to take a photo containing information that is likely to be of use to a terrorist planning an attack. My photos do not, but without looking at the photos there was no way for the police to know this.

It would seem they were within their rights to stop me. Whether or not the law is a good one or not, is a question for another day. Thought I might just ring them up anyway and ask under what law the stopped me. Just to see if they know…

Ah ha, we’ve been doing parrallel research on your incident
I have posted this to the London flickr group:

You cannot photograph on the London Underground without prior permission and a Ã‚Â£300 pound permit.

News reached me from OnAlienCinema. that a colleague of his has just a been stopped by a Policeman from taking photos in Kings X tube and asked not to ytake pictures and (told not forced) to delete his pictures on grounds of Ã¢â‚¬ËœsecurityÃ¢â‚¬â„¢. IÃ¢â‚¬â„¢m not clear yet whether the terrorism act was specifically mentioned.

Knowing non flash photography without a tripod has always been allowed. And indeed in the Conditions of carriage confirms only flash, tripod (or other supports are banned). But oddly the Filming and Photography FAQ has recently been changed from only including film crews to covering *all* photographers, amateurs included.

Do you need to obtain permission to film or photograph on London Underground?
Yes, anybody wanting to film or take pictures must seek prior permission from the London Underground Film Office.How much notice does London Underground require?
London Underground requires 2 weeks’ notice to set up an average sized filming/photography facility. In certain circumstances this can be turned around quicker, but it is dependent on the request itself.How do you apply for a film/photography permit?
All requests must be in writing, preferably by one of our Permit Application forms. Click here for the Application form.At what times can you film on London Underground?
Filming and photography will only be considered during the off-peak period (1030 – 1530 or after 1930 hours Monday to Friday). Weekends are more flexible and can normally be achieved all day at most stations.
Ã¢â‚¬Â¦How much does it cost to film/photograph on London Underground Limited?
Our rates start at Ã‚Â£300 per hour for filming. Each facility is reviewed on a case by case basis and prices are dependent on a number of factors including the size of crew and the amount of equipment to be used.

I rang TfL on 0845 330 9876 they confirmed unequivocally nothing had changed and agreed the FAQ was Ã¢â‚¬ËœconfusingÃ¢â‚¬â„¢. He felt though itÃ¢â‚¬â„¢s preferable if you can ask the station manager for permission, but agreed thereÃ¢â‚¬â„¢s no requirement to do so. He told me he thought a message had been passed on several times to the Film office. A couple of minutes later though the phone rang, the TfL guy said he had made a mistake the FAQ was right. He agreed nobody had told him and said he had just done Ã¢â‚¬Å“a double takeÃ¢â‚¬Â when told Ã¢â‚¬Å“every piece of film or photography must be authorised Ã¢â‚¬Â. He could not tell me how it was enforced or when it happened, only Ã¢â‚¬Å“quite recently I thinkÃ¢â‚¬Â .

I am trying to find out how it is enforced (a new bylaw? Does an existing bylaw allow them to change the rules?) What publicity has been given? Why has it been done? Was there any consultation or publicity of any sort? IÃ¢â‚¬â„¢ve never seen a no photography sign, does this mean the police and staff are going to waste lots of time hassling tourists and other amateur photographers?

More news after I have talked to TfLÃ¢â‚¬â„¢s Film Office tomorrow (Thursday).

PPS I am the, I think it’s, friend of friend who colleague is a friend of yours. I am the one who got the response from TfL and the cops. My friend ([email protected]), is a colleague of one of your friends I think.

On a seperate note, if they did not put their collar numbers on the stop form that you were given, then that constitutes an illegal search. Check this link out from the British Transport Police on this subject:

The terms and conditions of filming (or taking photographs) on the Underground is a simple commercial contract between yourself and the London Underground. There is nothing in English Law which would forbid the taking of photographs on the Underground, and to make doing so a criminal offence. It would be up to the London Underground to persue the matter through the Civil Courts, which does not concern itself with criminal matters.

In short, the Police have lied to you. I would make a complaint if I were you, it seems as if you may well have a case to claim compensation, especially if you are a professional, you can also claim back the money you would have made by selling the photos which were ‘deleted’.

Winston, there is such a thing as the railway byelaws which you can be required to attend a
magistrates court for. Trust me the underground does concern itself with criminal law and BTP
enforces it. The railway network is still considered a priority target for terrorists and as
such the PCSO’s (note they are not police officers but are civilian staff) were within their rights
to talk to you to determine if any offences was being committed. Photographs were taken over a long
period of time during rush hour and would have been viewed as surveilance. Photographs of sensitive
areas are not allowed.

In regards to providing their collar numbers, the Police and Criminal Evidence Act 1984 which covers
stop and accounts does not state that this must be given but only that the reason for the stop be
provided. You are getting confused with stop and searches but there is no mention of a search.